How Your Social Media Posts Can Affect Your Personal Injury Claim

Social media is here to stay, and it is an accepted part of modern life. A 2015 Pew Research study reports that over 60% of adults use some form of social media. Catching up with old friends, sharing experiences, posting photos, commenting, discussing, and networking are common reasons for people to engage in social media. But what does social media have to do with a personal injury case?

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When working to create a strong personal injury case, attorneys for insurance companies are skilled at uncovering destructive and incriminating evidence by digging through a person’s social media. Never forget that social media accounts are on public display for everyone to see. Even if your account is “private,” a family member or friend can snap a screenshot of your tweet or post and send it anywhere, or to anyone. Instagram comments, Facebook posts, Twitter tweets, and various social media posts can have a devastating effect on your personal injury claim, and the amount of compensation you may receive.

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Your Personal Injury Case and Social Media

Taking a case to court to obtain compensation due to someone else’s negligence is a weighty matter; a serious undertaking that deserves respect. If you post lighthearted comments or details about the personal injury case, including the people, attorneys or judge involved, it can be used against you. These messages, comments, posts, and tweets can be snapped and preserved forever. It is strongly recommended to refrain from mentioning your personal injury case completely on social media, at least until the case is over.
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A Picture is Worth a Thousand Words

Social media is a manipulated version of reality; it is not the whole truth about your life. However, anything you post on social media may be dredged up and used negatively against you. If you are claiming a serious personal injury, and the public sees pictures of you dancing or racing a motorcycle, it would be easy for anyone to be suspicious and doubt the seriousness of your injuries. When facing a claim, insurance companies will search through social media accounts to prove that a person’s injuries are not as severe as the victim claims.

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It is their job to minimize your injuries and the personal injury case you are building, so any questionable photos you post may be reframed to discredit you and invalidate your claim. It is common for some people to turn to social media when they’ve experienced a life-changing event, such as an injury or accident, but even the most innocent comments or pictures of yourself can be taken out of context, used against you and prove devastating to your personal injury case. It is extremely important that you take your social media accounts seriously for the duration of your case. Avoid putting anything on a social media account that could incriminate you.

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Examples of What Insurance Companies Look For on Social Media

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Insurance companies look through social media accounts of the victim (and the victim’s family members and friends) in an attempt to discover the following:

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● Do pictures show the victim smiling or enjoying regular activities?

● Does the victim appear to be actively social?

● Is the victim participating in activities that are inconsistent with your injury claims?

● What locations does your social media show the victim visited?

● Is the victim sharing information about your personal injury claim?

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The very best practice is for a victim of personal injury to a break from social media throughout the time frame of the entire personal injury case. Be sure to tell your family and friends not to post anything about you and your case as well. Their social media accounts are under careful scrutiny and examination as well.

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Never Delete Anything From Social Media

It is possible that you have posted something you now regret, but never delete something you have posted on social media for the duration of your case. This includes any comments, posts, conversations, or messages. Deleting these things translates into obstruction of justice and is seen as tampering with evidence. If you delete things from your social media, it can be considered “destroyed evidence” and is against the law. While you may feel embarrassed or regret a particular comment or picture, never delete anything from your social media account during the course of a personal injury case.

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Contact an Experienced Personal Injury Attorney

You must always assume that everything you post on social media will be viewed by the other side and used against you by insurance companies. Always avoid posting comments, photos, or anything that could damage your personal injury case. Contact the experienced personal injury attorneys at Sandoval Law, APC to discuss your personal injury case today, and to help you understand your best course of action in order to receive the most compensation for your injuries and losses.

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